42b 



HARDWOOD RECORD 



Nnvomber 10, 1917 



sunk liinds lying In eastern Arkansas. Altogetlier some 100,000 acres 

 arc involved, and for tlic most part tbe lands are covered witli (Ine 

 growths of timlier of dilTorent kinds. These lands were nearly all claimed 

 adversely to tlic United States by lumber, land and timber companies, 

 and tlie ngbt to maintain title to tliem has been long and fierce. These 

 cases had their origin in IOCS when the Secretary of the Interior de- 

 cided that the so-called sunk lands belonged to the United States and 

 declared them to be public unsurveyed lands, later ordering a survey to be 

 made of them for the purpose of opening them for entry according to the 

 general land laws of the government. Pursuing this position, the Depart- 

 ment of Justice took up the fight In 1913, and filed suits to quiet title 

 to these lands in the Government. On hearing the ca.so above in 1914, 

 Judge Jacob Triclier of the district court sustained the contentions of 

 the Attorney General and entered a decree quieting the title In the United 

 States. Appeal was taken to the circuit court of appeals, which tribunal 

 In 1915 uplield the decision of the lower court. Appeal was then taken 

 to the supreme court, and the above decision is the result. The eBfect 

 of the decision will be far reaching, as it practically settles the question 

 of title raised in all of the cases, since they are all of practically the 

 same nature and involve the same questions. The cases have been watched 

 with a great deal of interest by the lumbermen of the state, as well as 

 the other citizens, particularly those living in Northeast Arkansas. 



Brisk Trade in Southern Hardwood Lands 



J. H. nines, president and general manager of tlic Ilines Lumber Com- 

 pany, Memphis, announces the sale of appnl^imalely 20,000 acres of 

 hardwood timberlands and eutover properties in .\rkansas and Louisiana 

 recently, involving a consideration of nearly $500,000. 



The largest transaction covers the sale of the W. P. Brown & Sons 

 Lumber Company. Louisville, Ky., of 12,000 acres of hardwood timljer- 

 lands near' Brasfield. .\rk., for a consideration estimated at $.300,000. 

 It is suggested that tlie new owner will proceed without delay with plans 

 looking to the increase of its manufacturing operations approximately 

 100 per cent. This will be effected In part through the installation of 

 additional machinery and in part through night shifts. The Ilines Lum- 

 ber Company only recently secured this property from the Wisark Lum- 

 ber Company, Janosvilie, Wis. Further details are given elsewhere in 

 this issue. 



The second largest transaction covers 4,000 acres of hardwood timber- 

 lands near St. Joseph, Tensas parish, La., sold to Wood & Blair, Parkin, 

 Ark. The new owners have already announced their intention of install- 

 ing a single band mill at some point on the Missouri Pacific for the de- 

 velopment of the timber on this property. The same firms recently pur- 

 chased the Russell Gardner tract in Eastern Arkansas which was used tor 

 years as a hunting preserve. 



The other two transactions covers 3,000 acres of cut-over lands near 

 Lake Village, Chicot county. Ark., sold to A. J. Weisinger, of Pritchard. 

 Miss., and a farm of 35S acres near Lepanto, Ark., sold to Dr. Benjamin 

 Strong, Chester, Miss. The former will be used as a live .stock farm 

 where the owner will make a specialty of raising Hereford cattle and 

 Duroc Jersey hogs. The latter will he used for the growing of cotton 

 and other crops but a considerable portion of it will have to be cleared 

 first. 



Real estate dealers in Memphis and vicinity are enjoying the mo.st active 

 demand for timberlands and for ciit-over properties they have ever wit- 

 nessed and they are finding business in these so much more profitable 

 than that in city real estate that they are devoting practically all of 

 their time thereto. The high prices of agricultural products are greatly 

 stimulating demand for cut-over lands and the resultant enhancement in 

 the value of the latter necessarily increases the value of timber lands 

 themselves. Cut-over property was a big burden in years gone by but it 

 Is an asset of the first magnitude now and promises to increa.se in both 

 importance and value as the price of agricultural products work toward 

 a higher level. 



Pertinent Information 



Lines Formed For Rate Battle 



Lumbermen are at Washington in force to oppose the 13 per cent gen- 

 eral rate increase for all railroads now being heard before the Interstate 

 Commerce Commission. Among those attending the hearings are J. H. 

 Townshend of the Southern Hardwood Traflic Association ; J. V. Norman 

 and Edward A. Hald, attorneys representing that organization ; George 

 L. Forester, secretary-treasurer and traffic manager of the Western Caro- 

 lina Lumber and Timber Association, Asheville, N. C, G. F. Thomas rep- 

 resenting Arkansas soft pine lumber concerns, and others. Gen. L. C. 

 Boyle of Kansas City and A. G. T. Moore of New Orleans were expected 

 when the hearing opened. 



The hearing for the first day was general testimony introduced by rail- 

 road presidents. The whole commission was present. Clifford Thorne 

 headed counsel for shippers, who are from many lines of industry. On 

 the second day the hearing simmered down to a small affair conducted by 

 Examiner Disque of the commission. 



Lumbermen were successful in applying for a separate hearing on their 

 commodity. It is set for November 13, which, however, will be shared 



by cement and Ice shippers. The hearings until that day cover many 

 commodities, general rates and fifteenth section applications of the rail- 

 roads, and several suspension cases including 1. & S. dockets 1121, 1125, 

 1134, 1142, 1131. 



Beginning November 15 the whole commission takes up the case again 

 and railroad e-xecutlves will be cross-examined by shippers that day. Next 

 day shippers will present testimony as to finances and other conditions 

 of the carriers and on the 17th the commission will hear arguments on 

 the wliole case. It is hoped to get a decision in December. 



The case involves the question whether the railroads of the whole 

 country shall hjve a 15 per cent increase in all rates on lumlier and other 

 commodities pn which the commi-ssion did not grant a similar increase 

 some weeks ago in Its first report on this case. 



In the combination case of the Buffalo Lumber Exchange against Ala- 

 bama Central Uy. and tlie suspension of lumber transit privileges at 

 Buffalo, the commission announced today that a second amended petition 

 for tbe division of through rates would be accepted and filed. 



The Nicliols & Cox Lumber Company of Grand Rapids has filed com- 

 plaint against the New York Central Railway alleging that by reason of a 

 discriminatory cmliargo it was cnmpellAl to suffer delay and pay excessive 

 demurrage and ^ other charges on gum lumber shipped from Helena, Ark., 

 to Dupo, III . thence to Buffalo, but reconsigned to Rochester, N. Y., and 

 later to Medina, N. Y. Defendants refused to reconsign as requested and 

 iield shipment permitting heavy demurrage to accrue, when they should 

 have reconsigned in accordance with their tariffs, the complaint says. 

 Reparation of $240 is asked. 



Late I. C. C. Decisions 



The Interstate Commerce Commission has approved the application of 

 the railroads under the fifteenth section of the interstate commerce law 

 as recently amended for permission to file tariffs providing for rates on 

 furniture in Central Freight Association territory on the liasis of 126 

 percent of fourth class rates. 



The commission has received applications under the fifteenth section 

 from railroads affecting the following subjects : 



St. Louis-San Francisco Railway, agricultural implement, sleigh and 

 vehicle wood in the rough, carloads, from Joplin, Mo., to Clinton, la. 



Illinois Central Railroad, wooden handles, carloads, from Monroe, Wis., 

 to Chicago. 111. 



The complaint of Peshtigo Lumber Company again.st Wisconsin North- 

 western Railway et al., has been dismissed by the commission, which denied 

 claims for reparation on account of the alleged misrouting of various 

 shipments of saw logs from Taylor's Rapids, Wis., to Peshtigo, Wis., over 

 an interstate route. 



Examiner A. R. Mackley of the commission has submitted a tentative 

 report for consideration in the complaint of the Diamond Lumber Co. 

 against Chicago, Milwaukee & St. Paul Railway, which is summarized as 

 follows : 



1. Complainant's allegations of unreasonableness and undue preference 

 in the distribution of defendant's logging cars on its Superior division 

 during times of car shortage held not to be sustained. 



2. The situation as to cars discussed and conclusion reached that the 

 distribution of these logging cars by fixed rules would be impracticable and 

 that the discretion of the chief train dispatcher or other employe of the 

 defendant must fin.ally govern upon the facts in each case. 



3. The commission is not warranted upon the facts of this record in 

 ordering that the flat cars involved be equipped with Imnks and chains or 

 with patented sticks for holding on the logs or that the defendant's pres- 

 ent supply of logging cars on this division be increased. 



4. Complaint dismissed. 



The case involves the transportation of logs from complainant's timber 

 tracts at Camp Tolfree, Mich., to its sawmill at Green Bay, Wis., and the 

 complainant's request is for an order requiring that it be furnished a 

 minimum requirement of from twelve to fifteen cars per day. 



Finding Uses for Elder Wood 



No possible timber resource in England is being overlooked during 

 these times of stress. The following item from an English exchange 

 enters somewhat into particulars : 



Rarely have we noticed the timber of the elder offered for sale, yet 

 last week no less than three parcels, one rather large, were offered in 

 various parts of England. In Surrey very fine logs were offered at $13.75 

 per ton put on rail, and in another case quite a large quantity, fresh 

 felled, in 13 feet lengths, with a promise of prompt delivery is advertised. 

 Privately, in Kent, a small lot, about seven tons, have recently been cut, 

 and as some of the trees were over 13 inches in diameter and sound and 

 clean we anticipate a speedy change of hands. Elder timber, which Is 

 white, close-grained and very compact is valuable in quite .a variety of 

 ways, and when of good size, like some of the trees that are at present 

 offered for sale, is sought after for printing Idocks and the inlaying of 

 expensive furniture.' It can be readily made to imitate box or mahogany. 

 Many years ago quite a large quantity was sold in Carnarvonshire at 

 $10 per ton, but evidently prices have gone up. as nearly half as much 

 again is being asked for this little known and rarely offered timber. As 

 everyone knows, apart from timber production, the cider is perhaps the 

 best tree for withstanding fumes from collieries and chemical works, 

 while for withstanding long-continued blasts from off the sea and thriving 

 down even to high-water mark it has few equals. Then for growing be- 

 neath the shade and drip of large trees it is, perhaps unsurpassed. 



Two species of elder in the United States attain small tree sizes, but 

 it does not appear that any use has been found for the wood. One is the 

 Mexican elder found from Western Texas to Southern California, and 

 reaching a trunk diameter of a foot or more. The other is pale elder 

 which grows from Utah to Washington and is sometimes IS inches In 

 diameter. The above description of the English elder wood applies fairly 

 well to the two western American elders, and uses for this wood might 

 be found. 



